Virginia Catastrophic Injury Lawyers
Your life can change in the blink of an eye. You may be driving your car or walking down a sidewalk, and the next thing you know, you have suffered life altering injuries due to the negligence of another party. No matter how the injuries occur, catastrophic injuries will change the course of your life.
No matter how it occurred, a catastrophic injury is sure to disrupt your life. In addition to the inability to work, you may be unable to care for your loved ones or participate in activities that bring you joy. If you have suffered a catastrophic injury through the fault of another party, you may need an experienced attorney to help guide you through the complicated and stressful process of recovering damages. Contact the personal injury lawyers at Emroch & Kilduff to schedule a free evaluation of your case.
Proven Results From Emroch & Kilduff
The law firm of Emroch & Kilduff has a long history of serving personal injury clients in Virginia, as demonstrated by our previous case results:
- A $9 million settlement for the plaintiff who had the bones of both legs crushed after another driver failed to yield the right of way at an intersection, causing a T-bone collision. The plaintiff later developed an infection requiring amputation of one leg above the knee. He can no longer perform his job and is limited to performing sedentary work.
- A settlement of $3.3 million after the plaintiff suffered life altering injuries as the passenger in a truck accident. The truck was involved in a broadside collision, and our client suffered numerous fractures and post-traumatic arthritis in both knees. Our client could not return to his previous work and may only perform low-paying, sedentary work moving forward.
These results are simply representative of the results the attorneys at Emroch & Kilduff have secured for their clients. There is no guarantee of recovery in any case, but our lawyers work tirelessly to pursue the best possible outcome for every client’s unique circumstances.
The U.S. Code governing public health and welfare defines a catastrophic injury as an injury that permanently prevents the injured party from performing gainful work.
As the word catastrophic implies, the injuries associated with these accidents are major, and require intensive medical intervention. Injuries which may result in the permanent disability associated with catastrophic injuries include:
- Brain damage: Traumatic brain injury can cause the injured individual to suffer from a coma, vegetative state, or brain death.
- Spinal injuries: Damage to the spinal cord or the associated nerves can cause permanent damage including paralysis.
- Neck and back injuries: Injuries to the neck or back may limit an individual’s mobility for the rest of their life.
- Internal damage: Any damage to internal organs can cause serious, long-term problems, limiting the individual’s blood flow or ability to breathe.
In addition to the above, other injuries that seem more commonplace (like broken bones) can also lead to long term consequences. The most crucial consideration is whether the injury has affected your ability to perform gainful work.
An attorney can assist you in evaluating whether your injuries would be considered catastrophic, and what additional information will be required to pursue a claim for recovery.
Building a Case for Fault
To secure a recovery for your damages from another party, you must show that the party acted negligently or willfully in a way that caused your injuries. Many entities may bear you fault, depending on the circumstances.
If you were involved in a car accident that caused your injuries, the other driver may be at fault. Violations of traffic laws and regulations are often strong indicators of negligent behavior, including speeding, running traffic signals, or driving under the influence of alcohol.
Some accidents occur due to unsafe conditions at a business or on another person’s property. In this scenario, the property owner may be liable for the injuries. You will need to demonstrate that the property owner’s actions (or lack of action) violated the standard of care you were owed. The appropriate standard of care will depend on whether you were considered an invitee, licensee, or trespasser on the premises.
Your catastrophic injuries may have occurred due to the negligence of a healthcare provider who deviated from a recognized standard of care.
If unsafe work conditions or lack of access to reasonable safety accommodations contributed to your accident, your employer may be responsible for injuries. If this is the case, you will also need to understand your Workers’ Compensation benefits.
If a government employee’s negligent actions caused your injuries, or if you were injured on government property, recovery can be quite complicated, as the government is often protected from suit or collection of damages based on the doctrine of sovereign immunity. This does not mean, however, that you are universally barred from damages when a public entity caused your injury.
An attorney can work with you to identify parties who may be at fault, and to understand the strength of any evidence of negligence.
Comprehensive Damages Assessment
While ensuring you have considered all the damages you have suffered is important in any personal injury case, it is especially important when considering catastrophic injuries. No other injuries are more likely to affect every aspect of your life. Individuals who have suffered from these injuries deserve to ensure all of their harm is adequately compensated.
The following types of damages should be considered in any catastrophic injury case:
- Medical expenses: The medical expenses associated with catastrophic injuries are likely to be significant and to include long term care needs. A medical expert may be required to advise on the long term impacts of the injuries.
- Loss of income: By its definition, a catastrophic injury is one that prevents the injured individual from pursuing gainful employment. This economic impact should be factored into any damages claim. The assistance of an economist may be required.
- Emotional distress: Given the overwhelming impacts of the associated injuries, victims of catastrophic injuries are likely to suffer from emotional distress.
- Loss of enjoyment: You may no longer participate in activities you previously enjoyed due to your injuries, and this negative impact should be included in any damages demand.
- Punitive damages: Punitive damages may be particularly compelling in a catastrophic injury case, as they are meant to punish the defendant in cases of egregious neglect or wrongful conduct. In Virginia, these damages are generally capped at $350,000.
Catastrophic injury cases generally involve large damage claims. For this reason, the party at fault may try to convince you to accept a low settlement offer or otherwise limit your ability to fully recover. An attorney can help you navigate any settlement offer, and understand the strength of your case and damage request.
Consult Emroch & Kilduff’s Virginia Catastrophic Injury Attorneys Today
You are unlikely to suffer any event in your life more impactful than a catastrophic injury. It may leave you and your loved ones emotionally drained, and unclear on a plan of action. The lawyers at Emroch & Kilduff have a proud history of supporting clients in Virginia that have suffered life changing injuries, and are available to help you create a plan for recovery. Contact Emroch & Kilduff today at (888) 358-1568, or at our website, for a free consultation and discuss your options for moving forward.